The Maricopa County Attorney’s Office will review the referral from Chandler police before deciding whether to charge Kiser, and for what specific offense. Chandler police recommend a class 4 felony charge, which carries a maximum penalty of three years in prison. A spokesperson for the county attorney's office said the case is "under review" and that the office cannot comment.
Trigg Kiser died on May 18, six days after he was found in the couple’s backyard pool while Emilie Kiser was away. Brady Kiser discovered Trigg floating in the pool on May 12, telling police that he saw Trigg playing near the pool but lost sight of him for three to five minutes while he was caring for the couple's youngest son, Theodore.
The drowning has been the subject of heightened media attention because of Emilie Kiser’s social media following, which includes roughly four million followers on TikTok. Before her son’s death, she regularly posted about parenting and the family’s home life, including about her husband and her sons. Earlier this year, she sued to prevent some records related to Trigg's death from the public.
The decision to charge Brady Kiser is rare, according to the Arizona Republic. Glendale police spokesperson Sgt. Bryan Hoskin — whose department is not involved in investigating the drowning — told the newspaper that most drowning cases are closed without any criminal charges and that bereaved parents are often distraught.
In a short press release, Chandler police said that it had completed its investigation into the drowning and had recommended the charge “a thorough review of the evidence.” The police report in the case has not been released to the public, though Phoenix New Times has requested it.
Drownings are, unfortunately, a not-uncommon occurrence in Arizona. Last year, there were 20 fatal drownings in the Valley, according to the Drowning Prevention Coalition of Arizona.
